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2018 DIGILAW 639 (KAR)

Sarojamma W/o Sri. Ramachandra Rao v. Hanumantharayappa The Tahsildar

2018-05-31

B.S.PATIL, DINESH MAHESHWARI

body2018
ORDER : 1. Having heard learned counsel for the parties and having perused the material placed on record, we are unable to find the present one to be a case of willful and deliberate disobedience on the part of the accused in compliance of the requirements of the order dated 27.03.2017, as passed by the learned Single Judge of this Court in Writ Petition No.11919/2017. 2. During the course of submissions, it has been pointed out that the Gram Panchayat concerned has filed an appeal before the Assistant Commissioner, Bengaluru North Sub-Division, being RA (BN) 157/17-18, wherein an interim order was granted by the Appellate Authority staying the orders dated 11.09.2015, 19.11.2015 and 28.02.2016 passed by the Tahsildar and the appeal is pending. 3. Having regard to the circumstances, we would, of course, leave it open for the complainants to take recourse to appropriate remedies in accordance with law, including contesting the said appeal. So far as the present matter is concerned, where the Tahasildar was directed by the referred order dated 27.03.2017 to consider the representation of the complainants and to pass appropriate orders thereupon within a period of three months; and now, when the orders earlier passed by the Tahasildar are stayed by the Appellate Authority, no case of willful and deliberate disobedience is made out. 4. In view of the above, the proceedings in these contempt petitions stand closed but, with the observations foregoing. Notices are discharged. 5. The contempt petitions stand disposed of accordingly.